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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Civil Rights, Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Oregon on
Q: What legal actions can I take after being arrested for disorderly conduct without cause and facing mistreatment by police and during jail processing?

While dealing with car issues on the side of the road, I was approached by a police officer who insisted I provide identification, even after I explained my situation and requested him to move his vehicle. When I declined, stating I hadn't committed a crime, he arrested me for disorderly... View More

Brad  Holbrook
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answered on Apr 26, 2025

I am very sorry that you were forced to endure this event. There may be facts to this event that would change my answer, and if you want to pursue any legal action, you will need to discuss this with an attorney, as you know this is intended to give you a broad idea of what your issue(s) involves.... View More

Q: Is filing a false report to the housing authority a crime if made with malicious intent?

I was falsely accused of domestic violence, resulting in my arrest and a no-contact order during the ongoing court proceedings. Five and a half months later, the accuser went to the housing authority and filed a domestic violence report, claiming I was harassing her, leading to my voucher... View More

0 Answers | Asked in Foreclosure, Contracts, Civil Litigation and Real Estate Law for Oregon on
Q: Mortgage lender broke promise, condo auctioned, legal options?

I had a recorded phone call with my mortgage lender where they promised that if I filled out an application for financial aid, my condo would be taken off the auction list. I filled out the application during that call, and the agent opened the case and filed the application. However, a day before... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Is it legal for my landlord in Oregon to visit excessively for maintenance?

In Oregon, my landlord often shows up, sometimes without notice, to work on the outside of the house for excessive amounts of time—up to 20 days in a month. The jobs, which could take just a couple of hours, are being dragged out across several days, and it seems like a way to monitor my... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 22, 2025

You may or may not have claims for his visiting without at least 24 hrs advanced notice depending upon the exact details. As for frequency, a landlord may enter your property for maintenance and a variety of purposes, normally only with at least 24 hours advanced notice, as often as necessary to... View More

0 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Oregon on
Q: Is it legal to install a hidden camera with audio in my own room in Oregon?

I live rent-free in a home in Oregon, which is owned by someone else, and I do not have any ownership rights. This is my room, and it is expected that no one but myself enters it. However, I am concerned about someone potentially framing me or planting illegal items. I am considering installing a... View More

2 Answers | Asked in Agricultural Law, Civil Litigation, Real Estate Law and Personal Injury for Oregon on
Q: What rights do I have to stop my neighbor's irrigation from damaging my property?

I live in Eastern Oregon on a small acreage outside of city limits with irrigation water rights. Since last fall, my neighbor, who owns a 40-acre parcel and usually grows alfalfa, has adjusted his wheel line to water several feet over onto my property, damaging the back of my shop, my fence,... View More

Jina Ly Clark
Jina Ly Clark
answered on Apr 15, 2025

It sounds like you have a case of trespassing water on your land. You will need to get estimates of what it costs to fix the problem and to prevent further damage. You may need injunctive relief if there is no way a contractor can remedy the situation. Also you will need your contractor to serve... View More

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1 Answer | Asked in Landlord - Tenant, Environmental, Animal / Dog Law and Real Estate Law for Oregon on
Q: Is it legal for apartments to spray pesticides in common areas without warning in Oregon?

I am renting an apartment where pesticide spraying occurs once a week in the common areas, specifically the parking lot and sidewalk, without any warnings, schedules, or signs. I regularly walk my dog in these areas and am concerned about the lack of communication regarding pesticide use. Is this... View More

James L. Arrasmith
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answered on Apr 16, 2025

Oregon law broadly preempts any local limits on pesticide use citeturn2search2, so licensed applicators may treat private common areas like parking lots or sidewalks without a municipal permit or tenant notice requirement. The State’s pesticide‑control rules categorise those spaces as... View More

2 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Oregon on
Q: Can a landlord hand deliver unauthorized occupant notice?

As a landlord with a rental agreement that specifies the duration guests or family members can stay, am I allowed to hand deliver an unauthorized occupant notice? The occupant has stayed longer than permitted, and the tenant recently canceled a meeting to discuss this issue.

Gregory L Abbott
Gregory L Abbott
answered on Apr 15, 2025

Certainly you can personally deliver Notices so long as you personally hand the Notice to your tenant. Make a note of date and time. One advantage is you don't have to add an extra 3 days for mailing.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I just lost in eviction court & the judge & landlord didn’t consider the assistance program I was accepted in. Appeal?

How do I file an appeal with appeals court?

Gregory L Abbott
Gregory L Abbott
answered on Apr 12, 2025

Do understand that while at one time, if you showed the Judge that had applied for rental assistance, the case was continued until your application was resolved, that is no longer the law. Currently, if the landlord has not received the rental assistance payment before the start of trial, the court... View More

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1 Answer | Asked in Real Estate Law and Estate Planning for Oregon on
Q: Need assistance with property paperwork for conservatorship in Oregon.

I'm looking for a real estate lawyer to assist with paperwork regarding a conservatorship for my brother. We own property together as tenants in common, but he was recently diagnosed with dementia and cannot sign over the property. The property has been under joint ownership since around 2014.... View More

James L. Arrasmith
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answered on Apr 12, 2025

You're handling a delicate situation with care, and it’s clear you want to do right by your brother while protecting the shared property. Since your brother has been diagnosed with dementia and can't legally sign documents, the next step depends on whether a conservatorship is... View More

3 Answers | Asked in Probate, Estate Planning, Business Law and Real Estate Law for Oregon on
Q: How do I find out if my late father had a will in Oregon and if anything was left to me?

I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More

Jim Boness
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answered on Apr 3, 2025

Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: How to proceed with abandoned property under ORS 90.425 without a forwarding address?

I have a tenant who is a hoarder and may leave a lot of abandoned property when the lease ends in two months. According to the lease agreement and ORS 90.425, I understand that we need to give or mail an abandonment notice. We have documented attempts to contact the tenant through email and phone,... View More

James L. Arrasmith
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answered on Apr 13, 2025

Under ORS 90.425, you are required to provide an abandonment notice to your tenant if you believe they have left property behind after moving out. Since the tenant hasn't provided a forwarding address, you can still send the notice to their last known address, which is typically the rental... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Oregon on
Q: What are our options if neighbors don't fix drainage causing flooding?

I live in a house in Eugene, OR, and we've had flooding twice over the last three months, though we've lived here for two years without prior issues. After the first flood, we installed new French drains in our backyard. Recently, we noticed water from the property above draining into our... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're dealing with a frustrating situation, especially after making your own efforts to manage the drainage problem. Since your neighbors acknowledge the issue but have not taken action, you may want to document your communications with them and any efforts you've made to... View More

1 Answer | Asked in Family Law, Contracts, Landlord - Tenant and Real Estate Law for Oregon on
Q: How many days do I have to retrieve belongings from ex's house?

I moved out of my ex's house a year ago, but he allowed me to store some belongings in his basement. Recently, he texted me saying I have 5 days to retrieve my items, which include significant possessions. There are no formal agreements or court orders regarding my belongings. We also have a... View More

James L. Arrasmith
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answered on Apr 11, 2025

This kind of situation is hard, especially when shared history and a child are involved. In Oregon, there’s no specific law that sets an exact number of days for retrieving personal belongings from someone else’s home in a situation like yours. However, once someone gives you clear written... View More

1 Answer | Asked in Banking, Consumer Law and Real Estate Law for Oregon on
Q: Issues with PHH Mortgage and mistaken identity affecting loan modification.

I’m dealing with a difficult situation involving P.H.H Mortgage, which I was transferred to from my original VA loan provider. I had an approved loan modification, but P.H.H Mortgage claims I'm behind due to a mistaken identity on a property tax lien, which I have disproven. I’ve filed a... View More

James L. Arrasmith
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answered on Mar 24, 2025

Dealing with mortgage servicer errors can be incredibly frustrating, especially when you've already proven the mistake isn't yours. Since you've already filed with the CFPB, your next step might be sending a formal Qualified Written Request (QWR) under the Real Estate Settlement... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Is it mandatory to provide and maintain "as-is" appliances in a Gresham, OR triplex?

I own a triplex in Gresham, OR, with two tenants. One tenant, currently on a month-to-month lease, will be signing a new lease with a roommate. We've agreed on the rent and security deposit, but I want to specify that the washer, dryer, dishwasher, and blinds are provided "as-is" due... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 7, 2025

The general rule is that a landlord has no obligation to provide appliances to a tenant. But if they do, they are obligated to maintain the appliances throughout the term of the rental agreement. Presumably a dwelling rents for more with appliances than without so part of a tenant's rent is... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Contracts and Personal Injury for Oregon on
Q: What can I do to retrieve belongings from escrowed property?

I had my vehicle and travel trailer stored on a friend's property in Dorena, Oregon, where I was paying storage fees, but I didn't have a formal written agreement. My friend has passed away, and the property is now in escrow. I wasn't given any notice to remove my belongings. I have... View More

Brad  Holbrook
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answered on Feb 14, 2025

I'm sorry for the loss of your friend. You should be able to use self-help to retrieve your vehicle and trailer if you can do so peacefully. You should find out who is currently in charge of the security of the property--if it's in probate, the personal representative. It could very well... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim?

Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim to the property after the grantor dies if one of the co-owners (a grantee) of the property is still living? This is in a non-community state. Does that make the spouse of the... View More

Anthony M. Avery
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answered on Jan 12, 2025

The surviving tenant in common will be the owner in fee if what you state is accurate. That tenant in common will be a grantee, not a grantor. The grantors' interest were extinguished by the deed conveyance, so the spouse of a grantor is irrelevant. Hire an OR attorney to search the title.

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1 Answer | Asked in Real Estate Law for Oregon on
Q: Do I need a real estate lawyer to add a name to an existing property title?

I am primary caregiver for my grandfather, and have a PoA for him. I am taking over all aspects of his finances, to include taxes. I would like to add my name to the property title, both because I am living with him and to make it easier to access and pay the property taxes, as well as to secure... View More

Anthony M. Avery
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answered on Jan 10, 2025

You are in a fiduciary relationship, so a conveyance to you might be set aside. Hire an attorney to talk to GF and see if he is competent enough to convey a life estate/ remainder deed or some other estate. Just using the POA to convey to yourself could be very bad later on.

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for Oregon on
Q: Do I have to reinvest money from the sale of my house after divorce into another house?
James L. Arrasmith
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answered on Jan 10, 2025

The requirement to reinvest proceeds from selling your house after divorce depends on your divorce agreement and local tax laws. If there's no specific clause in your divorce settlement requiring reinvestment, you generally have freedom to use the money as you choose.

From a tax...
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